Mississippi Division of Medicaid v. Alliance Health Center

174 So. 3d 254, 2015 Miss. LEXIS 461, 2015 WL 5258084
CourtMississippi Supreme Court
DecidedSeptember 10, 2015
DocketNos. 2013-IA-00436-SCT, 2013-IA-00438-SCT
StatusPublished
Cited by5 cases

This text of 174 So. 3d 254 (Mississippi Division of Medicaid v. Alliance Health Center) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mississippi Division of Medicaid v. Alliance Health Center, 174 So. 3d 254, 2015 Miss. LEXIS 461, 2015 WL 5258084 (Mich. 2015).

Opinion

CHANDLER, Justice,

for the Court:

¶ 1. This consolidated interlocutory appeal requires this Court to decide whether the chancery court has subject-matter jurisdiction over these appeals of recoupment decisions by the Division of Medicaid (DOM). Because there is no statutory scheme for appeal from these decisions and the hospitals lack a full, plain, com-[256]*256píete, and adequate remedy at law, we find that the chancery court has jurisdiction.

FACTS

¶ 2. Twelve Medicaid-participating hospitals filed appeals in chancery court challenging DOM’s recalculation of their Medicaid outpatient rates for fiscal year 2001.1 According to DOM, it used the fiscal-year 2000 cost report to determine the per diem for fiscal year 2001. In 2010, DOM began attempting to recoup overpayments made to providers for fiscal year 2001. It sent each of the twelve hospitals a lump-sum settlement letter seeking recoupment of overpayments. Each provider used DOM’s administrative-appeal procedures to appeal the lump-sum settlement demand. In each appeal, a hearing occurred before a DOM hearing officer. The hospitals argued that DOM’s calculation of the outpatient rate violated the language of the State Plan and that, instead of recoupment, DOM actually owed a reimbursement to each hospital. The hospitals aver that the additional reimbursement they claimed amounted to a combined total of $2,164,292.58.

¶ 3. The hearing officer in each case entered an opinion rejecting the hospitals’ arguments and affirming the action of DOM. The Executive Director of DOM adopted the decisions of the hearing officers in each case. Each hospital then appealed to the Chancery Court of Hinds County, First Judicial District. In several of the appeals, DOM filed answers admitting to the jurisdiction of the chancery court. Subsequently, DOM filed motions to dismiss asserting that the chancery court lacked subject-matter jurisdiction over the appeals, and that the hospitals’ sole vehicle for appellate review was via a writ of certiorari to the circuit court pursuant to Mississippi Code Section 11-51-95 (Rev.2012). DOM argued that, because Section 11-51-95 provides that a petition for a writ of certiorari must be filed within six months of the decision and requires the posting of a bond, and the hospitals had not complied with these requirements, the cases had to be dismissed rather than transferred to circuit court. Alternatively, DOM requested that the cases be transferred to circuit court. The chancery court denied the motions to dismiss. This Court granted DOM’s petitions for interlocutory appeal. Several hospitals with appeals of DOM decisions pending in chancery court have filed amicus briefs with this Court in support of chancery-court jurisdiction.2

STANDARD OF REVIEW

¶ 4. “Jurisdiction is a question of law, which this Court reviews de novo.” Derr Plantation, Inc. v. Swarek, 14 So.3d 711, [257]*257715 (Miss.2009) (quoting Issaquena Warren Ctys. Land Co. v. Warren Cty., 996 So.2d 747, 749 (Miss.2008)).

ANALYSIS

¶ 5. The appeals at issue concern recoupment decisions of DOM. Mississippi Code Section 43 — 13—121(l)(j) states that DOM may “recover any and all payments incorrectly made by the division to a recipient or provider from the recipient or provider receiving the payments.” Miss.Code Ann. § 43-13-121(l)(j) (Rev.2009). At the time of the DOM decisions, no statute provided an appeal.3 However, this Court and the Court of Appeals have reviewed DOM appeals from chancery court on numerous occasions without inquiring as to the subject matter jurisdiction of the chancery court. Miss. Methodist Hosp. and Rehab. Ctr., Inc. v. Miss. Div. of Medicaid, 21 So.3d 600 (Miss.2009); Div. of Medicaid v. Miss. Indep. Pharm. Ass’n, 20 So.3d 1236, 1242 (Miss.2009); Beverly Enters. v. Miss. Div. of Medicaid, 808 So.2d 939 (Miss.2002); Div. of Medicaid v. Johnson, 950 So.2d 1033 (Miss.Ct.App.2007). In accordance with this longstanding practice, the hospitals filed their appeals of the DOM decisions in chancery court.4

¶ 6. This Court has long held that “where there is no statutory scheme for appeal from a decision of a state board or agency and the injured party does not have a full, plain, complete and adequate remedy at law, the chancery court has jurisdiction for judicial review of the board or agency decision.” Elec. Data Sys. Corp. v. Miss. Div. of Medicaid, 853 So.2d 1192, 1211 (Miss.2003) (quoting Prisock v. Perkins, 735 So.2d 440, 443 (Miss.1999)). DOM argues that this rule does not apply to these cases because the hospitals had a full, plain, complete, and adequate remedy at law under Mississippi Code Section 11-51-95 (Rev.2012), which provides for cer-tiorari review in the circuit court.

¶ 7. Section 11-51-95 states, in pertinent part:

Like proceedings as provided in Section 11-51-93 may be had to review the judgments of all tribunals inferior to the circuit court, whether an appeal be provided by law from the judgment sought to be reviewed or not.

Miss.Code Ann. § 11-51-95 (Rev.2012). Section 11-51-95 references Section 11-51-93, which provides:

All cases decided by a justice of the peace, whether exercising general or special jurisdiction, may, within six [258]*258months thereafter, on good cause shown by petition, supported by affidavit, be removed to the circuit court of the county, by writ of certiorari, which shall operate as a supersedeas, the party, in all cases, giving bond, with security, to be approved by the judge or clerk of the circuit court, as in cases of appeal from justices of the peace; and in any cause so removed by certiorari, the court shall be confined to the examination of questions of law arising or appearing on the face of the record and proceedings. In case of an affirmance of the judgment of the justice, the same judgment shall be given as on appeals. In case of a reversal, the circuit court shall enter up such judgment as the justice ought to have entered, if the same be apparent, or may then try the cause anew on its merits, and may in proper cases enter judgment on the certiorari or appeal bond, and shall, when justice requires it, award restitution. The clerk of the circuit court, on the issuance of a certiorari, shall issue a summons for the party to be affected thereby; and, in case of nonresidents, he may make publication for them as in other cases.

11-51-93 (Rev.2012). D O O

¶ 8. Under these statutes, parties may secure review of judgments of “all tribunals inferior to the circuit court.” Miss.Code Ann. § 11-51-95 (Rev. 2012). A party may secure review of an inferior tribunal’s decision even if another statutory avenue for appeal exists. Id. To obtain certiorari review, the party must file a petition for certiorari, showing good cause, supported by an affidavit, within six months after the judgment under review. Miss.Code Ann. § 11-51-93 (Rev. 2012).

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Bluebook (online)
174 So. 3d 254, 2015 Miss. LEXIS 461, 2015 WL 5258084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mississippi-division-of-medicaid-v-alliance-health-center-miss-2015.